The United Party (UP) has requested the establishment of a unified anti-corruption system with a clear law defining corruption
The party which rebranded from Movement for Change (M4C) is also calling for the establishment of an institution with an insulated independent mandate and adequate resources to implement the new law.
It formed part of its proposals for constitutional amendments.
According to the party, it has submitted proposals to the Constitutional Review Commission and expects that its proposals will be considered.
Interim General Secretary Buaben Asamoa made this known at the official launch of the United Party last week.
He explained that the legal and institutional field for fighting corruption is fraught with conflicting mandates, a lack of clarity in the definition of corruption and a dispersion of resources amongst various institutions.
“Moreover, a strong perception of a lack of political will to prosecute politically exposed persons, because the would-be prosecutors are themselves politically exposed.”
He indicated that UP promises specific amendments to our laws.
Mr Asamoa said there was the need to establish an anti-corruption body, to be headed by an anti-corruption individual, within the Constitution with power independent of the Attorney General and police.
“The body will be the institution solely responsible for the initiation, investigation, prosecution and recovery of all aspects of corruption, including misuse of entrusted power for private gain, bribery, embezzlement, misappropriation, influence peddling, nepotism, illicit enrichment, patronage, conflict of interest, procurement fraud, unexplained wealth audits, and related corruption offences.”
This will require:
· Amendment of Article 218(a) and (e) to vest the anti-corruption mandate of CHRAJ in the new Anti-Corruption body.
· Amendment of Article 88(3) and (4) to separate the power of the Attorney General as the sole initiator of all prosecutions and vest the power to prosecute corruption in the new constitutional Anti-Corruption body to have the exclusive duty of initiating prosecutions in respect of corruption and corruption related offences.
· Abolition of the Office of the Special Prosecutor as provided for under the Office of the Special Prosecutor Act, 2017 (Act 959).
· b) Pass Legislation to define corruption and its punishments. The legislation would spell out the full ambit of the New Anti-Corruption Body. The definition ought to include all aspects of corruption including misuse of entrusted power for private gain, bribery, embezzlement, misappropriation, influence peddling, abuse of power, illicit enrichment, patronage, nepotism, conflict of interest, procurement fraud, unexplained wealth audits, and related corruption offences.
· c) The definition of corruption ought to include a review of sections 179A, 179C and 236 to 261 of the Criminal Offences Act, 1960 (Act 29), as amended.
He added that the new body to be established would be subject to the rules of procedure governing the administration of justice, including the presumption of innocence of accused persons and proof before courts of competent jurisdiction.
The party said the new body will provide periodic reports to the public at stated times.
By: Rainbowradioonline.com/Ghana
